The existing policy-settings for insolvency law need some serious alteration. The threat of ‘terminators’ means too often directors are subject to the ‘stick’ of the law. A better system would provide positive incentives, ‘carrots’, for directors and their accountants and lawyers, to turn companies around.
A receiver must be an independent and suitably qualified individual. This means, in nearly all cases, that the receiver must be a registered liquidator and satisfy a range of other requirements that apply to receivers.
A payment plan negotiated with the ATO can provide a legal and manageable way to respond to an overwhelming tax debt.
On Friday 18 October 2019 our firm hosted a charity fundraiser for Cure Cancer Australia at Sokyo Restaurant at the Star. The cost of the event was entirely subsidised by the firm, so all monies raised by donations and our…
Directors need to be aware that having the ‘best of intentions’ will often not be enough to avoid liability for a breach of the duty under the new penalties.
Ben Sewell of Sewell & Kettle Lawyers contributes to research for a landmark study of Voluntary Administration in Australia – the most significant research project to date Professor Jason Harris of Sydney University Law School is the only academic to…
Sewell & Kettle were very fortunate last week to be invited by Cure Cancer and The Can Too Foundation to participate in a tour of their cancer research lab at the University of New South Wales. Sewell & Kettle is…
Garnishee notices are designed as a last resort strategy in cases involving significant tax debts and uncooperative debtors and should be taken very seriously. They can be embarrassing, or even damaging, as they drag third parties into your personal financial affairs.
In article: When a company goes into insolvent liquidation, the directors are required to complete a Report on Company Activities and Property (ROCAP) which replaces the previous Report as to Affairs (RATA) The ROCAP is more comprehensive than the RATA…
Sewell & Kettle are proud to support the efforts of Cure Cancer Australia. On Friday 5 October 2018 our firm held a charity fundraiser for Cure Cancer Australia at Sokyo restaurant at the Star. Which charity was supported? All monies…
Under the Corporations Act 2001 (Cth) there are 4 grounds that can be relied upon in an application to set-aside a statutory demand.
In article: A deed and an agreement are two types of legal instruments that are sometimes used interchangeably. However, in fact, they are two very different species and their incorrect use may have adverse consequences on certain transactions. A deed…